When a wrongful death occurs, it is devastating to those who have lost their loved one. In most cases, the death could have been avoided if others had exercised a reasonable level of care.
If a wrongful death occurs because of negligence or intentional wrongdoing, Pennsylvania law allows victims the right to pursue a damage claim. At Morris Wilson Knepp Jacquette, P.C., we can help with these claims.
Our Philadelphia medical malpractice attorney understands the high-stakes nature of wrongful death cases, and we can provide the support necessary to identify defendants, prove the extent of damage, and fight for your right to fair compensation. Give us a call at (610) 825-0500 today to schedule a free consultation and learn more.
Why Choose Morris Wilson Knepp Jacquette, P.C. For Your Wrongful Death Case?
If you lost a loved one, working with an experienced attorney can help you pursue accountability and secure the financial support they need.
Families throughout the Philadelphia area trust Morris Wilson Knepp Jacquette, P.C. because:
- We have recovered tens of millions of dollars for injury victims and families. Our firm has a strong history of obtaining top results in serious injury and wrongful death cases.
- Our attorneys have decades of experience handling wrongful death cases. We are here to advocate for your family at the negotiating table or in the courts.
- We work closely with leading experts. We consult with accident reconstruction specialists, medical professionals, and financial experts to help us fully evaluate the circumstances and damages in your case.
- Our attorneys have earned recognition from the legal community and organizations like Super Lawyers and Best Lawyers. These honors reflect that client service is our priority.
- We handle wrongful death cases on a contingency fee basis. You pay nothing unless we recover compensation on your behalf.
If your family is facing the aftermath of a fatal accident, our attorneys are here to help you pursue justice. Call today for a free consultation with a Philadelphia wrongful death lawyer.
Should I Hire a Wrongful Death Attorney in Pennsylvania?
Pennsylvania law allows certain surviving family members to pursue a wrongful death claim when a fatal accident was caused by another party’s negligence or misconduct. However, insurance companies aggressively contest these cases due to the high-value nature of such claims. They use numerous tactics to minimize their liability. Even if they didn’t, wrongful death claims can still be difficult to prove, especially your damages related to loss of support and companionship.
Hiring a wrongful death attorney near Philadelphia can help ensure that your family’s rights are protected throughout the legal process.
An experienced wrongful death lawyer can help by:
- Investigating what caused the fatal incident
- Collecting and preserving evidence such as accident reports, medical records, and witness statements
- Working with experts to reconstruct the accident and evaluate damages
- Identifying all responsible parties in your case
- Calculating the full value of your damages
- Negotiating with insurance companies that may attempt to minimize your claim
- Filing a lawsuit and representing your family in court if necessary
Having an attorney handle these responsibilities allows grieving families to focus on healing instead of a legal battle. Call Morris Wilson Knepp Jacquette, P.C. to learn how our experienced wrongful death lawyers can strengthen your case.
What Is A Philadelphia Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that you can file when someone dies due to the negligent or intentional actions of another. Essentially, if the deceased could have filed a personal injury claim had their injuries not been fatal, their family may be able to pursue a wrongful death claim to hold those responsible accountable.
The purpose of a wrongful death claim is to compensate the family for the losses that they have suffered, including both economic and non-economic damages. Common types of damages include:
- Medical care related to the treatment of the injuries that caused the death
- Funeral and burial expenses
- Lost wages that the deceased would have earned throughout their lifetime
- Lost companionship for the absence of the deceased’s support and presence in the family
These damages can be substantial, particularly when factoring in a lifetime of lost income and emotional support. Obtaining the guidance of an experienced Philadelphia wrongful death attorney is essential to ensure your family gets a fair chance at obtaining fair compensation.
Types of Accidents that Commonly Lead to Wrongful Deaths
Wrongful death claims can arise in any type of accident. Most claims are based on negligence, while some are based on intentional misconduct and violations of safety laws.
Some of the most common causes of personal injury deaths include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice,
- Workplace accidents
- Product defects
- Premises liability incidents
- Assaults and shootings
If your loved one died in one of these or another accident, you may have a wrongful death case against the at-fault party. An experienced attorney can help you understand the process for filing your claim and seeking compensation for the losses you’ve experienced.
Who Can Make A Pennsylvania Wrongful Death Claim?
Pennsylvania Rule 2202 establishes the guidelines for who can make a wrongful death claim in Pennsylvania. According to the law:
“Except as otherwise provided in clause (b) of this rule, an action for wrongful death shall be brought only by the personal representative of the decedent for the benefit of those persons entitled by law to recover damages for such wrongful death.”
Personal representatives, or those who are overseeing the estate of the deceased, can bring a Philadelphia heart attack misdiagnosis claim to recover compensation for close relatives of the deceased. Typically, this will be the spouse or children of the deceased.
What If My Loved One Is Being Blamed for Their Fatal Accident?
In many wrongful death cases, the insurance company will argue that the deceased person was partially responsible for the accident. This is a common defense strategy used to reduce or avoid liability.
Pennsylvania follows a modified comparative negligence rule. Under this rule, you may only recover compensation if your loved one was less than 51 percent responsible for the accident. In these instances, your total damages would be reduced by the percentage of fault assigned to the victim.
For example, if a court determines that the deceased was 20 percent responsible for the accident, your award would be reduced by 20 percent.
Not all allegations of comparative fault are true. If your loved one is being blamed for an accident, a personal injury attorney can help you evaluate their level of fault (if any) and push back on attempts to exaggerate their liability.
How to Prove a Wrongful Death Case in Philadelphia
Negligence is the basis of most wrongful death cases. To recover compensation, a plaintiff must prove that another party’s negligent actions caused the fatal injury.
Most wrongful death cases require proof of four key elements:
- Duty of Care. The defendant must have owed you a duty to act with reasonable care. For example, drivers must operate vehicles safely, and doctors must adhere to established medical standards.
- Breach of Duty. You must show that the defendant failed to meet this duty through one or more unreasonable actions or omissions.
- Causation. You must prove that the defendant’s actions directly caused your loved one’s fatal injuries.
- Damages. You must show that you’ve experienced financial and personal losses related to the death.
Importantly, you must prove all four elements to have a successful claim. Various types of evidence can help support your claim, including:
- Police or accident reports
- Medical records and autopsy findings
- Surveillance footage or photographs
- Witness testimony
- Expert testimony regarding causation and damages
This evidence can help establish how the fatal accident occurred and what it’s cost you emotionally and financially.
How Long Do I Have to File a Wrongful Death Case in Pennsylvania?
Pennsylvania law has a two-year statute of limitations for most wrongful death claims. This means you must generally file your lawsuit within two years of the date of your loved one’s death.
If you fail to initiate your claim within this time period, the court will likely dismiss your case and eliminate your right to compensation. There are limited exceptions to the two-year deadline.
You should contact an attorney as soon as possible for help determining the statute of limitations for your claim. You do not want to miss out on compensation due to a technicality.
Contact A Philadelphia Wrongful Death Lawyer For Help Today
If you or someone you love was injured in a wrongful death claim, Morris Wilson Knepp Jacquette, P.C. can provide you with invaluable legal support. We will:
- Help you determine if you have grounds to sue
- Assist in identifying all defendants
- Help you put together the strongest claim possible
- Negotiate an out-of-court settlement on your behalf
- Help you to prevail in court if necessary to get the funds you deserve
To find out more about how a Philadelphia wrongful death lawyer can help you during this difficult time in your life, give us a call today at (610) 825-0500 to schedule a free consultation.